Untitled Texas Attorney General Opinion ( 1961 )

aDIg- ?IlxcxAs
Overruled by amendment to
Aus- 11. .rEzsas Art. 45.04, C.C.P. and to
.--60th
Arta. 998 and1967,
999,ah*V.C.S.,
Lang., 523,
Pmphlet No. 4, Pagea ‘.
March 28, 1961 1171-1172
Honorable J. Edward Line
County Attorney
Deaf Smith County Re: Whether a police officer of
Hereford, Texas a city has the authority to
execute a warrant of anrest
issued out of the corporation
court, outside of the city
but within the county in which
Dear Mr. Line: the city is located?
You have asked the following questions:
"Can a police officer of the City of Hereford, Texas, exe-
cute a warrant of arrest issued out of the corporation court
of Hereford, Texas, outside of the city limits of Hereford,
Texas, within Deaf Smith County."
The City of Hereford is located within Deaf Smith County.
Article 998, Vernon's Civil Statutes, concerning the powers and duties
of police officers, states that:
11
... such officers shall have like powers, rights
and authority as are by said title vested in city
uiarshals."
Article 999, Vernon's Civil Statutes, on the powers and duties of
niarshalsstates:
at. . . he shall have like power, with the sheriff
of the county to execute warrants; ... In the
prevention and suppression of crime and arrest of
offenders, he shall have, possess and execute like
power, authority, and jurisdiction as the sheriff
...n-
In Newburn v. Durham,.88 Tex. 288, 31 S.W. 195, 196 (1895) the
Supreme Court stated:
"Since the jurisdiction of the marshal is
measured by that of the sheriff in the 'pre-
vention and suppression of crime and arrest of
offenders' against the laws of the state, it must
be co-extensive with the limitations of the county."
\
Hon. J. Edward Line, Page 2 (``-1028)
.
. However, 'in#Minorv. State, 219 S.W.2d 467 (Tex. Crim. 1949) a
majority of the court of Criminal Appeals specifically stated that they
do not agree. Judge Beauchamp, in his concurring opinion stated:
"I cannot subscribe to the implication that a
city policemau has authority equal to that of the
sheriff co-extensive with the bounds of the county."
This view was also expressed by Judge Hawkins in his dissenting opinion.
See also 28 Tex. maw Rev. 862,(note'1950).
We must therefore conclude that a police officer may not execute
a warrant of arrest outside the limits of the city of which he is an offi-
cer unless there is a specific statute giving him authority in a specific
case. See Hurley v. State, 234 S.W.2d 1006 (Tex. Crim.1950).
SUMMARY
A police officer of a city does not have the au-
thority to execute awarraritof arrest issued out
of the corporation court, outside of the city but
within the county in which the city is located.
Very truly 'yours,
WILL WILSON
Attorney General of Texas
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Cecil Cammack. Jr.
AssistantAttorney General
CC:br
APPROVED:
OPINION COMMlTTFE
W.V. Geppert, chairman
W. Ray Scruggs
Jerry Roberts
Dudley McCall-a
John Phillips
REVIEWEBFORTHF.ATTORNEYGENERAL
BY: Morgan Nesbitt